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ROYSE v. EASTER SEAL SOC. FOR CRIPPLED CHILDREN

Civ. No. 9320.

256 N.W.2d 542 (1977)

Alvin L. ROYSE and Dick Dreher, Plaintiffs and Appellees, v. EASTER SEAL SOCIETY FOR CRIPPLED CHILDREN AND ADULTS, INC. OF NORTH DAKOTA, Defendant and Appellant.

Supreme Court of North Dakota.

July 27, 1977.

Attorney(s) appearing for the Case

C. J. Schauss, Mandan, for plaintiffs and appellees.

William R. Mills, Bismarck, for defendant and appellant.

SAND, Justice.

This appeal is taken by the Easter Seal Society for Crippled Children and Adults, Inc. of North Dakota (hereinafter Easter Seal) from a judgment of the Morton County district court, sixth judicial district, quieting title to a forty-foot easement in the plaintiffs, Alvin L. Royse and Dick Dreher, and granting a mandatory injunction for removal of construction by Easter Seal on the easement.

On 26 April 1974 Easter Seal purchased from a Mr. Almore...

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